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(영문) 광주지방법원 2018.09.20 2018고정895
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[criminal records] In light of the description of “written reply to inquiries about criminal history, etc.” on December 17, 2014, the Defendant is obvious that “ August 25, 2015.” as stated in the written indictment is a clerical error in the “written indictment”.

The Gwangju District Court was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), and on August 28, 2006, issued a summary order of KRW 2.5 million for the same crime in the same court.

[2] On July 12, 2015, the Defendant driven a CM5 vehicle under the influence of alcohol leveling to approximately 0.076% of alcohol leveling to 0.076% on the front road of the Defendant’s house located in Gwangju Northern-gu, without a vehicle driver’s license, at around 00:40, in front of the Defendant’s house located in Gwangju Northern-gu, the same road as his/her house in front of his/her house.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving, and inquiry of the results of crackdown on drinking driving (No. 9);

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as each criminal history, and an investigation report (including four copies of a summary order attached thereto) to the relevant summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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